- 1 - HC-KAR NC: 2025:KHC-D:12708 CRL.P No. 103025 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103025 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: JAGADISH S/O BASAPPA KENCHNNAVAR, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BAVINHALLI VILLAGE, TQ. SAVANUR, DIST. HAVERI, PIN-581 110. … PETITIONER (BY SRI. M.R. HIREMATHAD AND SRI. PRAKASH R. BADIGER, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, PSI, SAVNUR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA,DHARWAD-580 011. 2. RAVI S/O SOMALAPPA LAMANI, AGE. 30 YEARS, OCC. COOLIE, R/O. SEVALALPUR VILLAGE, TQ. SAVANUR, DIST. HAVERI, PIN-581 110. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO ALLOW THIS PRESENT PETITION AND SET ASIDE THE ORDER DATED 21.07.2025 IN CRL. REV. PET. NO.42/2025 PASSED BY THE PRL. DISTRICT AND SESSION JUDGE HAVERI AND MODIFY THE CONDITION NO.2 PASSED BY THE CIVIL JUDGE AND JMFC SAVANUR DATED 10.06.2025 IN SAVANUR POLICE CRIME NO.0110/2025 ON AN APPLICATION UNDER SECTION 503 OF BHARATIYA NAGARIK SURAKSHA SAMHITA 2023, TO MEET THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12708 CRL.P No. 103025 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to relax Condition No.2 imposed by the Court of Civil Judge and JMFC, Savanur, in its order dated 10.06.2025 passed on the application filed by the petitioner under Section 503 of BNSS, 2023, claiming interim custody of the tractor-trailer bearing registration No.KA-27/EA-765. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. Based on the first information received from respondent No.2 on 17.05.2025, FIR in Crime No.110 of 2025 was registered by Savanoor Police Station, Haveri, for the offences punishable under Sections 281, 125(a) and - 3 - HC-KAR NC: 2025:KHC-D:12708 CRL.P No. 103025 of 2025 125(b) of the BNS, 23. During the course of investigation, the offending vehicle namely tractor-trailer bearing registration No.KA-27/TA-765 was seized and subjected to PF No.94 of 2025 and produced before the trial Court. Claiming interim custody of the said vehicle, the petitioner, who is the R.C. Owner of the said vehicle had filed application under Section 503 of the BNSS, 2023 before the trial Court, which was allowed on 10.06.2025, subject to certain conditions. Condition No.2 imposed by the trial Court, while allowing the application filed by the petitioner under Section 503 of BNSS, 2023, vide order dated 10.06.2025, reads as follows: “2. He shall furnish personal security of Rs.1,00,000/- either in cash or Bank gurantee or Charge create to the immovable property, to compensate the award passed by the M.A.C.T. Court if any.” 4. Aggrieved by the same, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:12708 CRL.P No. 103025 of 2025 5. It is trite that while granting interim custody of a vehicle or any other article, reasonable conditions are required to be imposed by the Courts. In the present case, undisputedly, no other person has made a claim for interim custody of the offending vehicle. The petitioner is the RC Owner of the vehicle in question. The learned Magistrate has imposed as many as eight conditions, while allowing the application filed by the petitioner. I am of the opinion that, except condition No.2 the other conditions imposed by the learned Magistrate are sufficient so as to guarantee that the petitioner shall produce the vehicle before the trial Court as and when necessary. 6. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned condition No.2 imposed by the Court of Civil Judge and JMFC, Savanur, - 5 - HC-KAR NC: 2025:KHC-D:12708 CRL.P No. 103025 of 2025 in its order dated 10.06.2025 passed in Crime No.110 of 2025 on the application filed by the petitioner under Section 503 of the BNSS, 2023 is relaxed. (iii) All other conditions found in the said order remain unaltered. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 92